Don’t mess like Texas
Abortion really isn’t a fiscal issue, is it?
IT SEEMS some lawmakers in this state have been trying to get abortion on the agenda for this fiscal session of the General Assembly. Gentle Reader needn’t wonder why. Election managers, and their candidates, need headlines to put in commercials. There will be elections in the fall. And primaries come early summer.
Word around the campfire is that the Texas-style abortion bill might be in play sometime in this fiscal-only session. It was killed in a state House committee earlier this week, according to the paper. But it might be brought up again, somehow.
It shouldn’t be.
You’ll remember that the Texas-style bill bans most abortions by taking the enforcement away from state officials, and empowers citizens to sue anybody who performs or assists in an abortion. With awards of $10,000 for successful lawsuits. And since no state official is involved (yet), there’s nobody for the courts to admonish (yet). The whole point of the Texas law is to make it an end-around of judicial review.
You’ll have a tough time finding an American editorial column that has taken a more pro-life stand than this one over the years. But doubtless we will be thrown in with the likes of Planned Parenthood after today’s offering. For we can’t see how abortion can be considered during a fiscal-only legislative session. If the law means anything, then a fiscal-only session should be fiscal-only. Unless there is some sort of emergency, and that would then require a large majority of lawmakers to sign off. Are we really there? Or is the emergency only political?
For nearly 190 years, Arkansas has had no need for a similar law to the one in Texas. You’d think this debate could wait until next year’s session. The people, you’ll remember, passed the law to restrict the state Legislature during odd-numbered years. The people, you’ll also remember, are supposed to rule in this state. It may even be our state motto.
The problem with the Texas bill, or one of the problems, is that the trickeration can be applied to other causes. And certainly will be. See the state of California. The governor there, Gavin Newsom, made the news right after Texas did. Gov. Newsom said, in effect, “Oh yeah? Watch this.” And he directed his staff to work with the state’s AG office on a bill that would similarly help private citizens sue gun manufacturers and dealers.
The New York state attorney general told ABC that she’d support similar end-arounds in her state. And if it can happen in the state capitols, it can happen in the nation’s capitol. If you don’t think there are enough progressives in Congress who’d try this with your Second Amendment rights, then you haven’t been paying attention.
Bypassing judicial review might not be the best strategy for Americans. Not on abortion. Not on gun rights. Nor religious rights nor speech rights nor any other rights. The Supreme Court ruled narrowly on the Texas law, but it is obvious that this is not done yet. There are many court battles to come. Including before the Supreme Court as the Texas case slowly winds its way back up. (And there is a case in Mississippi that could make all this moot soon.)
We wonder why the Texas-style abortion bill must be introduced in Arkansas and passed right now. Instead of, maybe, next year when the General Assembly has its even-numbered-year anything-goes session. And after the nation sees what the Supreme Court does in the matters of Texas and Mississippi.
If the people of Arkansas are clamoring to get this abortion bill through the process, then somebody surely will introduce it next year.
Or will that be too late for this fall’s campaign schedule?